Mastanduono v. Department of Education

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510 [5]) to review two determinations of respondent Commissioner of Education which, inter alia, suspended petitioner Thomas A. Mastanduono’s license to practice pharmacy in New York for one year.

Petitioner Thomas A. Mastanduono, while on duty at petitioner Masta’s Pharmacy, Inc., dispensed a noncontrolled cough medication pursuant to a physician’s prescription which called for a more potent controlled medication without permission to make such substitution. Mastanduono was notified by respondent…